The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (‘the TPP-11’)
is an international free trade agreement signed by 11 countries on 8 March 2018. The
signatories are Australia, Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico,
Peru, New Zealand, Singapore and Vietnam.

The TPP-11 is a separate treaty that incorporates provisions of the original Trans-Pacific
Partnership (‘the TPP’). The TPP had 12 signatories, with the United States as an
additional signatory, and had an ultimate goal of open trade and regional integration
to set a new standard for global trade. However, in January 2017, the United States
sent a letter to the Depositary of the TPP stating their intention to no longer be
a party to the TPP. They further noted that they have no legal obligations arising
from their signature.

The Department of Foreign Affairs and Trade summarises:

“Importantly for Australia, the TPP-11 ensures that the substantial market access
package secured in the original TPP is maintained (i.e. covering goods and services
market openings and commitments on regulations on foreign investment). This market
access package will be implemented among the TPP-11 Parties, delivering major new
opportunities for Australian exporters, investors and firms engaged in international
business. The outcome maintains the ambitious scope and high quality standards and
rules of the original TPP.”

Bills Introduced

By 19 October 2018, the Commonwealth Parliament passed three bills required to implement
the TPP-11 and begin ratification:

The Customs Bill passed both houses of Parliament on 17 October and received Royal
Assent on 19 October. The Explanatory Memorandum of the Bill summarised the Bill's
provisions as follows:

“The TPP-11 amendments contained in the [Customs] Bill will enable eligible goods
that satisfy the new rules of origin to be entered into Australia at preferential
rates of customs duty. The amendments will also impose obligations on exporters of
eligible goods to a Party to the TPP-11 for which a preferential rate of customs duty
is claimed, and on manufacturers who produce such goods.”

The Tariff Bill similarly passed both houses of Parliament on 17 October and received
Royal Assent on 19 October. According to the Explanatory Memorandum of the Bill:

“The purpose of the Customs Tariff Amendment (Comprehensive and Progressive Agreement for Trans-Pacific
Partnership Implementation) Bill 2018 (the Bill) is to amend the Customs Tariff Act 1995 (the Customs Tariff Act) to implement the Comprehensive and Progressive Agreement
for Trans-Pacific Partnership (the TPP-11) by:

providing preferential rates of customs duty, on entry into force of the TPP-11, for
all goods, excluding excise-equivalent goods, that are Trans-Pacific Partnership originating
goods determined in accordance with new Division 1GB of Part VIII of the Customs Act 1901 (the Customs Act). New Division 1GB will be inserted by the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership
Implementation) Bill 2018 (the Customs Amendment Bill);

inserting new Schedule 8B to provide for excise-equivalent rates of duty on certain
alcohol, tobacco and fuel products and for phasing rates of customs duty in accordance
with the TPP-11; and

amending certain concessional items in Schedule 4 to the Customs Tariff Act to maintain
customs duty rates in line with the applicable concessional item and in accordance
with the TPP-11.”

The Procurement Bill also passed both houses of Parliament on 18 October and received
Royal Assent on 19 October. As outlined in the Explanatory Memorandum of the Bill:

“The Government Procurement (Judicial Review) Bill 2017 (the Bill) will vest the Federal
Circuit Court of Australia (FCC) with jurisdiction (concurrently with the Federal
Court of Australia) to grant an injunction and/or order payment of compensation in
relation to a contravention of the relevant Commonwealth Procurement Rules (CPRs),
so far as those rules relate to a covered procurement.

Before a supplier takes a procurement complaint to the courts the supplier must first
complain to the accountable authority of the relevant Commonwealth entity. The accountable
authority must investigate the conduct of the subject of the complaint and if no public
interest certificate is in force in relation to the covered procurement, the procurement
must be suspended. … The Bill will enable Australia to meet international obligations
on government procurement that require the Commonwealth to establish or designate
an impartial and independent body where suppliers can raise complaints about government
procurement processes and be awarded remedies/compensation.”

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